Q: Is there any recourse to sue the state of Oregon for an increase in cigarette tax?
A few years ago, Oregon put a "vice tax" on the ballet for cigarettes to increase the tax so the cost is double what it should be. A carton that used to cost $40 now costs almost $100. This amounts to having other folks tell me what to do because that tax was, in part, supposed to "make folks quit". The state has not shown any increased benefit to schools or homeless issues, mental health, or any other thing I can find. Cigarettes are legal in the whole of the US and it's territories. How can a segment of a population decree that another segment of the same population can't exercise their right to do something legal and be penalized for doing so in the extreme? What I do, that is federally legal, in my own space and to my own body, is no one else's business. Marijuana is okay only recently, but cigarettes aren't okay when they've never been outlawed.
I believe this is a violation of my rights, by discrimination at the very least.
Can anything be done to challenge the law?
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A:
Challenging the cigarette tax increase in Oregon would involve examining whether it violates any constitutional rights or principles. Typically, states have the authority to impose taxes for public health reasons, and courts generally uphold these taxes if they serve a legitimate government interest, such as reducing smoking rates and associated health costs.
However, you could explore whether the tax disproportionately affects certain groups or if the revenue from the tax is being misused or not allocated as promised. This could potentially form the basis of a legal argument, particularly if the tax is found to be unfairly discriminatory or if the state is not being transparent about the use of the funds.
Consulting with a legal professional who understands constitutional and tax law is essential to assess the strength of your case and to determine the best course of action. They can help you understand if there are any precedents or legal avenues available for challenging the tax.
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